HB109 Alabama 2021 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Jim HillRepresentative
Republican
Session: Regular Session 2021
Title: Pardons and Parole Board, Dept. of Corrections, limits of confinement for parole and probation violations further provided for, require Dept. of Corrections to reimburse counties for housing parolees and probationers in certain circumstances, provide that the Dept. of Corrections responsible for health care costs of parolees and probationers in certain circumstances, Sec. 15-22-29, 15-22-32, 15-22-52, 15-22-54 am'd.
Summary: HB109 updates retirement pay and interim active-duty rules for Alabama judges and justices, including new pay limits and implementation details.
What This Bill Does
The bill revises how retired justices and judges are paid when they are called back to active duty, and creates interim active-duty status with additional pay subject to specific caps. It sets retirement benefits at 75% of the salary for Supreme Court justices, appellate judges, and circuit judges, with adjustments as salaries change and protections from garnishment. It extends similar interim-duty rules to retired district judges and requires the Administrative Office of Courts and judiciary leaders to implement the new policies, including certification and performance standards.

Who It Affects
Retired Supreme Court justices, appellate court judges, and circuit court judges who may be called to interim active duty; their retirement benefits and new interim pay are governed by caps and assignment rules.
Retired district judges and the judiciary administration (Administrative Office of Courts, Chief Justice, presiding judges) who oversee interim assignments, certification, and the implementation of the new policies.

Key Provisions
Amends Sections 12-18-10 and 12-18-61 to revise retirement and interim-active-duty pay rules for retired justices and judges.
Supreme Court justices and appellate judges: retirement benefit set at 75% of the position's salary, payable for life, with adjustments when salaries change and protections from garnishment.
Circuit judges: retirement benefit set at 75% of the salary payable from the State Treasury, payable for life, adjustable with salary changes, and not garnishable.
Spouse and disability benefits: surviving spouses receive 3% of the salary per year of service (up to 30%), and disability benefits are calculated based on years of service with a minimum 30% of the salary; specific formulas apply for different years of service.
Interim active-duty pay for retired judges: retirees may be called to interim duty with additional compensation so that total pay aligns with defined targets relative to active salaries; caps apply (e.g., amounts not to exceed certain percentages or dollar differences).
Caseload-based assignment and certification: interim assignments must be based on judicial workload studies and certified annually; unsatisfactory performance can lead to removal from active status and cessation of extra pay.
Retired district judges: similar interim-active-duty framework with up to 25% of an active district judge's salary, annual recertification, and caseload-based approvals; compensation and policies implemented by the Administrative Office of Courts.
Effective date: the act becomes law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Justice, Supreme Court